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Outside Wal-Mart LEO Encounter

scottw1979

New member
Joined
Jul 26, 2011
Messages
5
Location
Georgia
The best thing to do first when approached by a LEO in regards to a MWAG call (or anything, really, unless you know you are being stopped for speeding or something like that) is to ask the officer if you are being detained or not. If the officer answers, "No you are not being detained....", regardless of what he finishes that sentence with, politely inform him/her, "Officer, since you are not detaining me, then I will be on my way, thank you." And start to leave.

This settles the very first issue that will come up in court, should you choose or have to go to court. If you are fighting a charge based on the fact that the officer had no lawful reason to detain you, the first issue is whether you were detained or whether you consented to the encounter. Let's say cop stops you for your gun only, and asks you for ID. You don't feel like you can refuse and you give it to him. Now, in court, you will have to prove that a reasonable person would feel like they could not refuse. The cop is going to say, I asked him for ID, I did not demand it, he was free to go at anytime, but he chose, voluntarily, to cooperate and gave me his ID. If the judge believes that, your claim that the officer had no lawful reason to stop you is gone.

Now, if you ask, am I being detained? And if not, you advise the officer that your intention is to leave, and the officer detains you or says you are being detained, the first issue is settled. You did not consent or volunteer to participate in the encounter. Now, instead of the burden of proof being upon you to prove you were detained, the burden of proof now shifts to the officer to prove that he had reasonable and articulable suspicion of a crime for which to detain you. If the court finds that there was no lawful reason for you to be detained to begin with, then everything after that is in your favor. Just like in State v. Casaad that I linked to earlier. There have been many, many, many cases where evidence or the entire case against a person has been tossed out, even when the person was actually guilty, because the officer had no reason to detain the person to begin with.





Thank You again for the information.
 

ET.

Regular Member
Joined
Feb 22, 2011
Messages
37
Location
Franklin, N.C. & Savannah, Ga.
Also I've spoken to other APD officers and they seem to think that open carrying a handgun without a permit IS NOT illegal. This definitely needs to be corrected because if officers are telling people that, and the next officer knows the law a little better, that person that got that advice from the officer would be arrested and lose their rights for listening to an officer.

A license to carry mentioned in code 16-11-129 is required for openly or concealed carry of firearmsplease pass this information on to the department because so many are misinformed.

With all due respect the part that is in bold type is correct & doesn't need to be corrected on the LEO's part. It is illegal to carry a handgun openly in Georgia without a permit. You must have a permit to carry either way. Your last sentence states it right. Was the bold sentence just written wrong?
 
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